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(영문) 부산지방법원 동부지원 2016.09.07 2016고단1012

도로교통법위반(음주운전)등

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 24, 2012, the Defendant issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act in the Busan District Court's Dong branch branch, and KRW 4 million as a fine at the Busan District Court on November 9, 2015.

At around 04:56 on June 19, 2016, the Defendant, without obtaining a driver’s license, driven B benz automobiles with a blood alcohol content of about 0.094% from the section of about 1km from the roads in front of the mutual influorite-dong, Namcheon-gu, Busan to the roads in front of the Yellow-gu, Daejeon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the state of drinking drivers, and the register of driver's licenses;

1. Previous offense: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense, the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;